NEW YORK (VINnews) — The captain of a charter boat that capsized in New York Harbor, killing a mother and her 5-month-old daughter, was in the United States illegally and is now in federal immigration custody, according to the New York Post.

Manuel Hernandez, 46, of El Salvador, was allegedly operating the 21-foot boat without a boating license when it capsized near Liberty Island on Aug. 8. Sara Sanchez, 27, and her baby daughter, Antonella Garcia, drowned in the accident.

The Department of Homeland Security said Hernandez had entered the U.S. illegally through Texas in 2007 after falsely claiming to be an American citizen.

Federal prosecutors allege that Hernandez, who was hired by the tour operator as a limo driver, periodically operated charter cruises despite lacking the required license or training.

Investigators said Hernandez packed 14 passengers onto the boat, which was typically designed to carry no more than 10 people. The vessel also lacked an infant-size life jacket, authorities said.

Hernandez allegedly turned and accelerated after encountering a swell, causing the boat to capsize and sending the passengers into the water. Other boaters and NYPD, FDNY and Coast Guard crews rescued survivors, but Sanchez and her baby could not be saved.

Hernandez was arrested and charged in federal court with two counts of misconduct and neglect of a ship officer resulting in death. He was initially released on $50,000 bail.

After federal authorities determined his immigration status, Hernandez was taken into ICE custody and is being held without bail pending the outcome of the criminal case.

DHS Secretary Markwayne Mullin called Hernandez an “illegal alien” and said he would be removed from the country after facing justice for the alleged crimes.

The New York Post reported the case Wednesday.